SEPARATION & DIVORCE MEDIATION
Facilitated conversations open positive lines of communication between people with differing viewpoints in a high-stake situation.
Reflective Mediation specializes in separation and divorce. You never have to go to court. We help you construct a comprehensive, legally binding Separation Agreement covering all issues required under Ontario Family Law.
Parenting Plans
Child Support
Spousal Support
Equalization of Assets
It’s about more than just a document. Facilitated communication under professional guidance will enhance communication skills. The process builds mutual understanding, which repairs relationships, leading to more positive co-parenting. That’s a win-win for everyone, parents and children.
Research shows that mediated agreements last. Why?
Because the terms of agreement were decided on by both of you.
You are the expert on your needs, more than any judge or arbitrator.
Solutions are customized by you to fit your unique situation.
Terms are 100% confidential, unlike court-ordered settlements.
Agreements are structured to evolve and adapt to the changing circumstances of your lives.
What’s the role of mediator and co-mediator/intern?
Not to judge or decide on matters of substance. You do that;
Ensure a safe space, and keep things focused and respectful;
Offer information about family law (not legal advice);
Share examples of how other couples resolved similar issues;
Guarantee all key topics are addressed and decided upon;
Model positive communication to repair relationships for positive co-parenting
Provide child-inclusive mediation, if required, to hear the voice of the child(ren) and, when needed, to produce a VOC (Voice of the Child) Report;
Compose a Memorandum of Understanding recording terms of agreement;
Connect you with other ethical, experienced professionals such as:
o Family lawyer
o Divorce Financial Expert
o Business Valuator
o Child Psychologist
o Arbitrator
Do I still need a lawyer?
Yes. To obtain the best protections, the agreement we achieve in mediation should be reviewed by a separate lawyer for each of you. Although you can legally get divorced without a lawyer’s support, an agreement written that way would be much more vulnerable to a future court challenge.
Your lawyer will assist by:
reviewing the terms of agreement to verify legality
provide advice to ensure you are fully informed
preparing a Certificate of ILA (Independent Legal Advice)
converting the mediated agreement into a Separation Agreement, to be signed and submitted to court.
Reflective Mediation strongly recommends that you:
Retain a family lawyer at the beginning to learn your rights and obligations;
Consult your lawyer for advice along the way if difficult decisions arise;
Keep costs down by NOT bringing your lawyer into mediation sessions;
Choose a team of Collaborative Lawyers to ensure that conflict will not escalate and that you will NOT end up fighting in court. (I can even recommend a few who offer a flat rate fee for services rendered.)
The Process
Reflective Mediation, with its focus on deep listening, understanding, and empathy, offers a distinctive approach to resolving conflicts. While the timing, depth and extent of the process is customized to the needs of each case, below is an outline of the general steps in the Reflective Mediation Process. Meetings are usually done via Zoom video-calls:
Initial Free-of-Charge Consultation:
Purpose: For mediator to understand interests of parties, and parties to make fully informed decisions about the process.
Agreement to Mediate and Intake Information Form:
Purpose: Upon receipt of retainer, provide information and guidelines on the meditation process.
Private, Confidential Intake Sessions:
Purpose: To inquire into each party’s current situation, perspectives, issues and goals.
Preparation of a Draft Document Shared with Both Parties on Google Docs:
Purpose: Save time and costs by providing a “boiler plate” template for parties to review and comment upon on their own time.
Meeting in Joint Sessions:
Purpose: Reach mutual agreement on the terms clients wish to include in the final agreement.
Settlement Sessions to Input Legal and/or Financial Advice:
Purpose: Foster mutual agreement on financial and legal technicalities.
Identifying Core Issues On Matters In Dispute:
Purpose: Unearth the central problems beyond surface disagreements.
Brainstorming Solutions:
Purpose: Encourage collaborative problem-solving.
Negotiating & Compromise:
Purpose: Finalize a draft agreement that is satisfactory for both sides.
Forwarding The Draft Agreement for Legal Review and ILA (Independent Legal Advice):
Purpose: Convert the draft resolution into a final Separation Agreement.
Follow-up Sessions (optional):
Purpose: Address any ongoing concerns and ensure the agreement is working as intended.
